Guidera O'Connor Pty Ltd T/A Guidera O'Connor

[2023] FWCA 2667

[2023] FWCA 2667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Guidera O'Connor Pty Ltd T/A Guidera O'Connor

(AG2023/2656)

GUIDERA O’CONNOR PTY LTD EMPLOYEE ENTERPRISE AGREEMENT – SA 2023-2027

Design and civil construction industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 22 AUGUST 2023

Application for approval of the Guidera O’Connor Pty Ltd Employee Enterprise Agreement – SA 2023-2027

1. An application has been made for approval of an enterprise agreement known as the Guidera O’Connor Pty Ltd Employee Enterprise Agreement – SA 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Guidera O’Connor Pty Ltd. The Agreement is a single enterprise agreement. 

1. The applicant has provided written undertakings to address three concerns raised about the agreement passing the better off overall test. A copy of the undertakings is attached in Annexure A. A copy of the undertakings was provided to all bargaining representatives. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be terms of the Agreement. 

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to the application have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

1. I note for the purposes of s.201(1)(b) that pursuant to s.202(4) of the Act the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. 

1. The Agreement was approved on 22 August 2023 and, in accordance with s.54, will operate from 29 August 2023. The nominal expiry date of the Agreement at clause 1.4.2 is 22 August 2027. 

DEPUTY PRESIDENT

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Annexure A